Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Rules and Regulations 54769 

locations is available through the Coast 

Guard Web site at http://www.uscg.mil.’’

§ 10.105 [Corrected] 

■ 4. On page 48482, in the third column, 

the last sentence of § 10.105 paragraph 

(a) is corrected to read as follows: ‘‘A 

list of Regional Examination Center 

locations is available through the Coast 

Guard Web site at http://www.uscg.mil.’’

Dated: September 12, 2006. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E6–15493 Filed 9–18–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 060317076–6076–01; I.D. 

031606D] 

RIN 0648–AU41 

Fisheries in the Western Pacific; 

Hawaii-based Shallow-set Longline 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: This rule extends an 

emergency rule that removed the delay 

in effectiveness for closing the Hawaiibased shallow-set longline fishery as a 

result of interaction limits for sea 

turtles. The intended effect of the 

emergency action is to afford enhanced 

protection for sea turtles via timely 

closure of the fishery. 

DATES: Effective September 19, 2006, 

through March 19, 2007. 

ADDRESSES: In accordance with the 

Endangered Species Act, a Biological 

Opinion, dated February 23, 2004, was 

prepared for this fishery, which operates 

under the Fishery Management Plan for 

the Pelagic Fisheries of the Western 

Pacific Region (FMP). Also, in 

accordance with the National 

Environmental Policy Act, an 

Environmental Impact Statement (EIS) 

dated March 30, 2001, and a 

Supplemental Environmental Impact 

Statement (SEIS) dated March 5, 2004, 

were prepared for this fishery under the 

FMP. Copies of the Biological Opinion, 

EIS and SEIS are available from William 

L. Robinson, Administrator, Pacific 

Islands Region, NMFS, 1601 Kapiolani 

Blvd. 1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Robert Harman, Pacific Islands Region, 

NMFS, phone: 808–944–2271. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

accessible via the Internet at the 

Government Printing Office website at 

www.gpoaccess.gov/fr/index.html. 

Background 

NMFS manages the pelagic longline 

fishery for swordfish, tunas, and related 

species in the western Pacific, according 

to the FMP prepared by the Western 

Pacific Fishery Management Council 

(WPFMC) under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR part 600 and at 50 

CFR part 665. 

The regulations at § 665.33(b)(1) 

governing western Pacific pelagic 

fisheries establish maximum annual 

limits on the numbers of physical 

interactions that occur between longline 

fishing gear and sea turtles. These limits 

apply to physical interactions 

experienced by vessels registered under 

Hawaii longline limited-access permits 

while engaged in shallow-set longline 

fishing. There are calendar-year annual 

limits on physical interactions for two 

different turtle species, one for 

leatherback sea turtles set at 16, and one 

for loggerhead sea turtles set at 17. 

Interactions with turtles are 

monitored using data from scientific 

observers placed by NMFS aboard all 

vessels engaged in shallow-set longline 

fishing. NMFS is required to maintain 

100 percent observer coverage in the 

Hawaii shallow-set longline fishery 

under the 2004 Biological Opinion. 

The current regulations at 

§ 665.33(b)(2) prescribe that, as soon as 

the physical interaction limit for either 

of the two turtle species has been 

determined to have been reached in a 

given year, the shallow-set component 

of the Hawaii-based longline fishery 

must be closed by NMFS for the 

remainder of the calendar year, after 

giving permit holders at least seven days 

advance notice. Once that component of 

the fishery is closed, no vessel 

registered under a Hawaii longline 

limited-access permit may engage in 

shallow-set longline fishing north of the 

Equator. 

Based on the best information 

available on fishing activity levels and 

anticipated turtle interaction rates at the 

time when the regulations were first 

implemented, the seven-day delay in 

effectiveness offered by the advance 

notice provision was thought to be 

adequate to provide notice of the fishery 

closure to vessels at sea. The delay was 

intended to give NMFS adequate time to 

notify permit holders and vessel 

operators of the closure, and to give 

operators adequate time to cease fishing 

and begin to return to port, while still 

affording adequate protection to sea 

turtles. Fishing activity levels and rates 

of turtle interactions in early 2006 were, 

however, higher than expected, 

resulting in the fishery quickly reaching 

the limit on turtle interactions. To 

respond to the recent greater fishing 

activity and turtle interaction rates, and 

to prevent additional adverse impacts to 

turtles, immediate implementation of 

the fishery closure was facilitated by 

issuance of the emergency rule that 

removed the delay in effectiveness in 

closing the fishery. 

Additionally, more effective means of 

providing notification to fishermen now 

exist. At the time when the current 

regulations were implemented, NMFS 

observers placed aboard longline vessels 

were not issued satellite telephones, and 

other communication methods were 

considered ineffective for notifying the 

fleet of a closure. Currently, however, 

NMFS observers carry satellite 

telephones and are placed on all vessels 

conducting shallow-set fishing trips. 

This makes immediate and effective 

communication possible between NMFS 

and each vessel at sea. 

The emergency rule that removed the 

delay in effectiveness in closing the 

fishery was published on March 22, 

2006 (71 FR 14416), and effective on 

March 20, 2006. When the 2006 fishery 

was closed, NMFS notified the operator 

of each Hawaii-based shallow-set 

longline vessel, directly via the 

communication devices available to the 

NMFS observer placed on the vessel. 

This allowed for immediate closure of 

the fishery, and the limit on turtle 

interactions was not exceeded. The 

shallow-set fishery was closed on March 

20, 2006, both by direct notice to 

vessels, and by Federal Register notice 

on March 24, 2006 (71 FR 14824). 

The WPFMC has agreed with the need 

for the extension for one additional 

period of not more than 180 days as 

authorized under section 305(c)(3)(B) of 

Magnuson-Stevens Act. The WPFMC is 

currently developing a regulatory 

amendment to permanently remove the 

delay in effectiveness. At its 133rd

meeting in Pago Pago, American Samoa, 

the WPFMC voted to recommend the 

modification of the regulations to 


ycherry on PROD1PC64 with RULES
54770 Federal Register / Vol. 71, No. 181 / Tuesday, September 19, 2006 / Rules and Regulations 

remove the delay in effectiveness and 

close the shallow-set fishery 

immediately upon reaching either limit 

on turtle interactions. 

This extension of the emergency rule 

is necessary to provide additional time 

to develop and implement a permanent 

change to the regulations that will 

remove the delay in effectiveness. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), has determined 

that this extension is needed to protect 

sea turtles until such time as the 

regulations can be permanently 

modified to remove the delay in 

effectiveness in closing the fishery. 

This action continues emergency 

measures implemented March 20, 2006 

(71 FR 14416, March 22, 2006), for 180 

days. The public was provided with 

opportunity to submit comment on 

these measures in the emergency rule 

published on March 22, 2006. NMFS 

received public comments supporting 

closure of the fishery based on 

documented interactions with sea 

turtles, and supporting removal of the 

seven-day delay in effectiveness after 

notification when closing the fishery, 

both in the emergency rule, and on a 

permanent basis. Therefore, the AA 

finds that it is unnecessary to delay the 

extension of these measures by 

providing additional opportunities for 

public comment, and finds good cause 

to waive additional public comments 

under 5 U.S.C. 553(b)(B). 

This action extends the current 

regulatory requirements applicable to 

the fishery. There are no new 

requirements with which persons 

subject to the regulations must come 

into compliance, and a 30-day delay in 

effectiveness is unnecessary. For these 

reasons, the AA finds good cause to 

waive the 30-day delayed effectiveness 

provision of the Administrative 

Procedures Act pursuant to 5 U.S.C. 

553(b)(B). 

This temporary rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

natives, Northern Mariana Islands, 

Pacific Remote Island Areas, Reporting 

and recordkeeping requirements. 

Dated: September 15, 2006. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ l. The authority citation for part 665 

reads as follows: 

Authority: 16 U.S.C. 1801 et seq. and 16 

U.S.C. 1531 et seq. 

■ 2. In § 665.22, add paragraphs (ss) and 

(tt) to read as follows: 

§ 665.22 Prohibitions. 

* * * * * 

(ss) Engage in shallow-setting from a 

vessel registered for use under a Hawaii 

longline limited access permit after the 

shallow-set component of the longline 

fishery has been closed pursuant to 

§ 665.33(b)(2), in violation of § 665.33(I). 

(tt) Fail to immediately retrieve 

longline fishing gear upon receipt of 

actual notice that the shallow-set 

component of the longline fishery has 

been closed pursuant to § 665.33(b)(2), 

in violation of § 665.33(i). 

* * * * * 

■ 3. In § 665.33, paragraphs (b)(2)(i) and 

(ii) are suspended and paragraphs 

(b)(2)(iii) and (iv) are added to read as 

follows: 

§ 665.33 Western Pacific longline fishing 

restrictions. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) As soon as practicable, the 

Regional Administrator will sign the 

closure notice and provide actual notice 

via telephone, satellite telephone, radio, 

electronic mail, facsimile transmission, 

or post, to all vessel operators and 

holders of Hawaii longline limited 

access permits, that the shallow-set 

component of the longline fishery is 

closed and that shallow-set longline 

fishing north of the equator by vessels 

registered for use under Hawaii longline 

limited access permits will be 

prohibited beginning on a specified date 

and time, and that all such fishing gear 

must be immediately removed from the 

water and the fishing trip terminated. 

As soon as practicable, the Regional 

Administrator will also file for 

publication at the Office of the Federal 

Register the notification that the sea 

turtle interaction limit has been 

reached. The notification will indicate 

that the Hawaii-based shallow-set 

component of the longline fishery is 

closed, and shallow-set longline fishing 

north of the equator by vessels 

registered for use under Hawaii longline 

limited access permits was prohibited 

beginning on the specified date and 

time when notice was provided, until 

the end of the calendar year in which 

the sea turtle interaction limit was 

reached. 

(iv) Beginning on the fishery closure 

date and time indicated by the Regional 

Administrator in the notification 

provided to vessel operators and permit 

holders and published in the Federal 

Register under paragraph (b)(2)(iii) of 

this section, until the end of the 

calendar year in which the sea turtle 

interaction limit was reached, the 

Hawaii-based shallow-set component of 

the longline fishery shall be closed. 

* * * * * 

[FR Doc. 06–7770 Filed 9–15–06; 11:53 am] 

BILLING CODE 3510–22–S 


ycherry on PROD1PC64 with RULES